HomeMy WebLinkAbout13524 Forum Meadows - Yu, Kai 9909942426
Filed for Record in
CONSENT TO ENCROACH HAMILTON COUNTY, INDIANA
MARY L CLARK
r j l On 07 -16 -1999 At 02:40:01 pm.
ENCROACHMNT 21.00
THIS CONSENT TO ENCROACHMENT "Agreement is hereby made and entered into by and
between Kai Yu of 13524 Forum Meadows Drive, Carmel, Indiana 46033, Hamilton County, State of
Indiana "First Party and the City of Carmel, Hamilton County, Indiana, by and through its Board of
Public Works and Safety "City
WITNESSETH:
WHEREAS, First Party is the fee owner of the Real Estate "Lot commonly known as 12572
Scottish Bend, Carmel, Indiana, located in the County of Hamilton, State of Indiana, and being more
particularly described as follows, to -wit:
LOT NUMBER 38 IN LYNNWOOD, SECTION 1 AN ADDITION IN HAMILTON
COUNTY, INDIANA, AS PER PLAT THEREOF RECORDED AS INSTRUMENT
NUMBER 9559577 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY.
INDIANA
WHEREAS, located on the Lot are certain improvements, including, but not limited to, a
residence; and
WHEREAS, First Party wishes to construct, on the Lot, a residence driveway (hereafter "Proposed
Driveway and
[cb msv.ord c \cnaoach \Aaiyo doc b 1 1 99] 1
WHEREAS, First Party has presented a sketch "Sketch depicting the location of the residence
and Proposed Driveway, on the plat of the Lot, a copy of which is attached hereto and incorporated herein
by reference as Exhibit A; and
WHEREAS, there is located on the Lot a fifteen (15) foot Drainage Utility and Sewer Easement
"Easement which runs along the north section of the Lot, and which Easement is labeled "15' DU &SE"
on the Sketch; and
WHEREAS,' the Easement benefits the City; and
WHEREAS, as is indicated on the Sketch, the Proposed Driveway will encroach upon the
Easement "Encroachment which Encroachment is crosshatched on Sketch; and
WHEREAS, First Party and City acknowledge the location of the Encroachment; and
WHEREAS, First Party and City agree that the terms of this Agreement shall be binding upon and
inure to the benefit of their respective heirs, administrators, successors, and assigns,
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto now mutually promise, agree and covenant as follows:
1. The foregoing preambles, recitations and definitions are made a part hereof as though such
were fully set forth herein.
2. The City hereby consents to the Encroachment for only so long as the Encroachment
exists.
3. First Party hereby covenants and agrees not to extend, increase, modify, alter, reconfigure,
or otherwise change the Encroachment beyond that which is depicted on the Sketch.
[eb nIsw,ord c encroach \Aaiyu doc 5 2
4. First Party hereby agrees that City shall have the right to remove and not replace or repair
any portion of the Proposed Driveway as City deems necessary, in City's sole discretion, to
protect and /or repair utility and /or sewer lines contained within the Easement, or otherwise,
without incurring any cost, liability or expense to First Party or anyone else as a result
thereof.
5. First Party hereby agrees to indemnify and hold harmless City, its officers, officials,
members, employees, invitees, licensees and agents, from and against any and all losses,
liabilities, claims, judgments, costs (including, but not limited to, attorney fees and court
costs) and damages, including, but not limited to, bodily injury, death and destruction of
property occurring on the Lot and resulting directly or indirectly from City's or any other
person's acts within the Easement.
6. First Party agrees to record the Agreement in the Office of the Hamilton County Recorder
and to provide to City copies of the Agreement bearing such recordation information
within five (5) business days from the date of execution of same by the parties hereto.
7. The parties represent and warrant that they are each authorized to enter into this Agreement
and that each person executing same has the authority to bind hereto the party which such
person represents.
�cb msword c encroach \kaiyu doc WI 5/90] 3
IN WITNESS WHEREOF, First Party and City have entered into this Agreement effective as of
the date on which the last party hereto executes same.
"FIRST PARTY" "CITY"
CITY OF CARMEL, INDIANA
qAT,_•--- BY AND THROUGH ITS BOARD OF PUBLIC
Kai Yu WO' AND TY ata
i 0
J 40r s Braii 6 Pr iag ngal'
00/111C/7 lir!' "e: a
Title: J ___/s/Ltje_____
Date: 1 1 1 l i Mary Am Burk "'ter q
Date:
i i r d. &kf
Bill alker, Member
Date: a -4 -09 4,
ATTEST:
W �Y f h. �1' cSf%
Diana Cordray, Cler
t 9 EJ1 •C3 5
k T "reasurer i 1 .•C 3
Date: le.- '\,.sy f
v',. l
r l
[cb ms ord c ■ocroacb\ketyu doc 6[15[99] 4
STATE OF INDIANA
SS:
COUNTY OF //arz:g
Before me, a Notary Public in and for said County and State, personally appeared Kai Yu, by me
known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his /her
voluntary act and deed.
Witness my hand and Notarial Seal this I Lday of J- 19 q g
NOTARY PUBLIC -'0 ,',,;;,4';:::
My Commission Expires: i�.:. i)14 `j
L r 3 0.__ L n'") A 3 0 R 1
aUVCv Printed Name
My County of Residence: lavr.`
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD, MARY ANN BURKE and BILLY WALKER, by me known, and by me known to be the
Members of the City of Cannel Board of Public Works and Safety, and DIANA L. CORDRAY, Clerk
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "Consent To
Encroach" on behalf of the City of Cannel, Indiana.
Witness my hand and Notarial Seal this 1 day of �-1v 19 I 1 *.t
y .i NOTARY PUBLIC'" 1
My Commission Expires: 41''.. =F
L_ A-I x;
11-/2_ Printed Name
My County of Residence: 10l. m l I "\Z.)►)
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, IN 46032.
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EXHIBIT A
ENCROACHMENT
021P0 24
LYN WOO TMS m w s 0402
1 •Y CVAN 1 EVANS
R0057CRL lMO s.r4C TOw— ,D,.w*
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mr»rorc (317) ess -ale.
SECTION 2 D.n 9 /Z f 9
SECONDARY PLAT
PART THE N.W.1 /4 This subdivision shall be known and desanated os Lynnwood Section 2 on addition in Hamilton
SECTION 34- T18N -R4E County, Indiana
HAMILTON COUNTY, INDIANA All streets shown in this Plat and not heretofore dedicated are hereby dedicated to the public.
Not more than one building shell he erected or used for residential purposes on any lot n this
LAND DESCRIPTION subdivision. The area of the main structure shall be not less than two thousand five hundred
(2500) square feet in the case of a on. -story structure, not less thon two thousand eight
Pal of the Northwest Ouarler of Section Thirty -four (34) n Township Eighteen (18) North, hundred (2800) square feel in the cese of c multiple story structure.
Range Four (4) East in Hamilton County, Indiana, descrbed as follows:
The real estate described within this plot is hereby platted, subdivided end mode subject to
Commencing of the Northwest caner of the Northwest Ovule(' of said Section, 34; thence these plot, covenants, conditions and rertrictians and is further sub;^ct to the terms,
South 89 degrees 53 minutes 43 seconds East (assumed bearing) along the North One of the definitions ond conditions of a certain dhcloration of covenonts, conditions ond restrictions
Northwest Oiorter of said Section 34 o distance of 1556.39 feet to the Point of Beginning, recorded as instrument number 9545830 and a subsequent amendment to said nstrument
thence South 00 degrees 08 minutes 42 seconds West c distance of 1123.11 feet; thence number 9546838 recorded os instrument number 4fflu.f in the Office of the Recorder of
South 74 degrees 04 minutes 53 seconds East c distance of 301.40 feel; thence South 86 Hamilton Canty, Indiono
degrees 00 minutes 00 seconds East a distance of 285.70 feet; thence North 00 degrees 00
minutes 00 seconds East o distance of 422.94 feet; thence North 90 degrees 00 minutes 00 In Witness whereof, Plum Creek Development Company LLC By Corby D. Thompson os Chief
seconds West a distance of 60.00 feet; thence North 00 degrees 00 minutes 00 seconds Lost 0percting Officer, have hereunto cause is and their names to be subscribed this
o distance of 223.94 feet; thence North 12 degrees 23 minutes 01 seconds Eost o distance day of .errer.,at� 199 .c.
of 52.26 feet; thence North 19 degrees 00.minutes 00 seconds East o distance of 261.40
feet, thence North 00 degrees 00 minutes 00 seconds East a distance of 279.50 feet to the The Plum Creek Development Company. LLC
north line of said Northwest Ouarter; thence North 89 degrees 53 minutes 43 seconds West
Bong said north line a distance of 608.29 feet to the Beginning Point, containing 15.484
acres, more or less.
Corby D. Thompson, Chief Operating Officer
THIS SUBDINSON CONSISTS OF 19 LOTS, NUMBERED 36 THROUGH 54 TOGETHER WITH A
COMMON AREA, STREETS AND EASEMENTS AS SHOWN HEREON. State of Indiana
SS:
THE SIZE Of LOTS AND 001.0M0N AREA AND WDTHS Of STREETS AND EASEMENTS ARE SHOWN Comtr of Hamilton
IN FIGURES DENOTING FEET AND DECIMAL PARTS THEREOF.
CROSS-REFERENCE IS HEREBY MADE TO SURVEY PLAT RECORDED AS INSTRUMENT NUMBERS Before me. the undersigned. o Notary Public n and for said county and stale. personally
CR
C F THE OFFICE OF THE RECORDER V PLAT COUNTY, INDIANA. eppe0ed Plum Creek Development Company LLC by Corby D. Thompson, Chief Operating Officer
and acknowledged the execution of the foregoing instrument as its votuntory act and deed and
c16xed the signature thereto.
I, THE UNDERSIGNED. HEREBY CERTIFY THAT I AV. A REGISTERED LAND SURVEYOR, LICENSED IN
COMPLIANCE WiTH THE LAY'S OF THE STATE OF INDIANA AND THAT THE WITHIN PLAT Witness my signature and Notaiol seal this •7r day. ofserrev+ea.r 199,5.
REPRESENTS A SUBDIVSION Of THE LANDS SURVEYED CHIN THE CROSS REFERENCED SURVEY d'
PLATS, AND MAT TO THE BEST OF MY KNOWLEDGE AND BELIEF THERE HAS BEEN NO CHANGE c•
FROM THE MATTERS OF SURVEY REVEALED BY THE CROSS- REFERENCED SURVEYS ON ANY LINESy
Notary
THAT ARE COMMON riilH THE NEW SUBDIVISION. I FURTHEP, CERTIFY THAT THE SAID SUBDIVISION
WAS PLATTED UNDER MY DIRECT SUPERVISION AND CC?1TRO1 AND IS TRUE AND CORRECT TO 44 yip' /py jQ^14. 490,AV
My commission expires C oun t y of Residence 7-
THE BEST OF MY KNOWLEDGE AND BELIEF: II
TIIESS MY SIGNATURE THIS 46 TN DAY OF Se errTRG rj Commission Certificate:
W
p+ •199
Under authority provided by Title 36, Acts of 1981, P.L. 309 enacted by the General Assembly
of the State of Indiana, and all acts amendatory or supplementory thereto, and an ordinance
0 '0 J. EYr 4
adopted by the common council of the City of Carmel, Indiana, this plat was given approval by
EVAN J. EVANS E� ,ETf ti f the Gly of Carmel, os follows:
REGISTERED LAND RVEYOR r Y g _i 199_
INDIANA 910024 0 Adopted b the Carmel Plan Commission al a meeting held v S
910024 I
Cormei /Clay Plan Commission.
SURVE
rrn l
B y
Director
Department of Community Development
Camel, Indiana
This Plat was approved by the Board of Public Works and Sofety of the City of Carmel,
Indiana, at o meeting held on the 4 day of JO <199 57
—a
Ted 3ohnson, M yor
Steve Brown, Member
Rick b1CKinney, Me .'er
SHEET 2 OF
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